Originally Posted by: mkloungw 
I'm a Disability Accommodation Specialist for a Federal agency. As part of my duties, I complete Part D of the SF3112 for the cases I've worked in which reasonable accommodation was not possible or warranted. I have been handling both disability accommodation and disability retirement matters for going on 8 years now. It wasn't until a year ago that I saw an employee apply for disability retirement with this Harris Federal Law firm representing them. Now, it seems like it's every other one if not more. Also, disability retirement applications have tripled in just the few months that we started seeing this firm attached to these applications. The one thing in common that I have seen is that these "Federal Disability Case Managers" either don't know what they are doing or are intentionally trying to torpedo their client's application. Each time, I have needed to reach out to the employee and assist them in providing documentation that is required. The reps will regularly push me to complete my section (which is supposed to be the last word) before the employee has even made a statement! They contact the employee's supervisor and do the same thing. They will turn in outdated (often scribbled) medical documentation instead of a Physician's Statement and then argue that should be sufficient. They regularly send documents containing full names and associated full Social Security numbers via unencrypted email. If I hadn't stepped in on some of these cases, the application would have likely failed as I will not certify that disability retirement is supported for someone who turns over medical in which the doctor writes that the diagnosis is "possible malingering" or when the provider indicates that the disability would altogether go away if the person was treated more nicely. Harris reps just say to go ahead and state my findings and that if more info is needed on appeal, then so be it.
These things raise some serious red flags to me, so I am wondering if any of you have recent experience with them and can tell me whether or not they charge extra fees if an application fails and needs to be appealed? If that's the case, it seems they are doing what they can to intentionally tank the cases on the first attempt, so they can then switch over to an hourly rate and/or charge more.
While I don't plan on being as harsh as GSBS, I apologize in advance if I do.
I presume you are in HR, and not an EEO/Civil Rights office. Your actions could spark an EEO complaint naming you as the responsible management official for the discrimination. I've been a People with Disabilities Program Manager, as well as EEO Specialist and Manager for over 25 years. RAs are simple...is there something that will work or not. If there is not RA possible, then you look at reassignment (has to be an open position they qualify for). Simple.
Once a lawyer is involved, they are de facto the person, and so all communication goes through them unless the lawyer says to talk to their client. It is NOT your job to interfere in a person's choice of representation. If their documentation is inadequate for a supervisor to determine if an accommodation is possible, then you simply let the employee know via their attorney.
If there are questions on the medical documentation, you should have a medical officer review it to provide input.
YOUR job is not to decide if they qualify for DR. Your job is to see if there is an accommodation that would enable the employee to continue to work. If there isn't, then to say so.
As for the increase in DR applications...as agencies start returning to the office, some employees (especially if they have some comorbidity that makes COVID a greater risk, or if they are immunocompromised and cannot get vaccinated) are concerned about returning to crowded offices and cubicles...and that there are some of their coworkers who refuse to get vaccinated or wear masks...so would rather try for DR than return and risk their lives. And their concerns may also include family members who may have medical conditions as well. DR allows them to have some income, keep their insurance, and even to work to an extent. Hence the uptick. Without knowing your agency...if it is towards the bottom of the "best places to work in the federal government" ratings, then that could also add to the uptick in applications.
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